The Californian Court of Appeals overrides the sole conviction that Kate Steinle has died

A California appeals court overturned the lone conviction of an undocumented immigrant on Friday, who shot and killed Kate Steinle on the San Francisco coast in 2015. This case attracted national attention and became a focal point in the debate on illegal immigration.

] Jose Inez Garcia-Zarate, who was illegally deported to his homeland of Mexico five times in the United States, was acquitted in November 2017 of first and second degree murder, involuntary manslaughter and semi-automatic weapon attack. He was convicted of a death because he was in possession of a firearm.

On Friday, the San Francisco District 1st Circuit Court of Appeal overturned this conviction because the judge refused to allow the jury to acquit Garcia-Zarate. He only had the theory for a moment.

KATE STEINLE'S PARENTS CAN NOT REQUEST THE SANCTUARY FOR FALSE DEATH Possession and illegal stay in the country. His lawyer Tony Serra told The Associated Press that the trial is scheduled to start on January 1

3, adding that the reversal of the appeals court gives prosecutors the opportunity to try Garcia-Zarate again.

"This kind of mistake leads to reversals Then the prosecution has the privilege to go back there," Serra said. "The state dispute is a serious case because it's a murder and a weapon … it's going to be a big potential decision on what they're going to do."

Steinle, 32, died on July 1, 2015. After being hit by a bullet, she walked with her father and a friend of the family. Garcia-Zarate claimed that he unintentionally picked up the weapon wrapped in a t-shirt and accidentally fired it.

The gun belonged to a ranger from the Federal Bureau of Land Management and was stolen from his parked car a week earlier.

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Earlier this year, the 9th Instictional Court of Appeal upheld a decision of the lower court to dismiss a lawsuit brought by Stein's parents against San Francisco for unlawful death. The lawsuit alleged that the city's Sanctuary Policy and sheriff Ross Mirkarimi of San Francisco County were responsible for the death of Steinle. The sheriff's office, which had ended contact between prison staff and immigration officials, ignored a federal request to arrest Garcia-Zarate until custody was taken over and did not inform them that he had been released.

Fox News "Elizabeth Zwirz and Elizabeth Llorente, along with The Associated Press, have contributed to this report.